DOES AGE INFLUENCE THE LAW? UNPACKING INDIA’S LEGAL DRINKING AGE

Tanushree Kamtamreddy, Student, Narsee Monjee Institute of Management Studies, Hyderabad

Introduction:

Did you know that studies have found that there is atleast 3.9% to 69.8% of alcohol consumption in today’s youth across India? 

And the proportion of alcohol consumption at least once over the last year ranged from 10.6% to 32.9%. In 2021, survey was conducted on teenager’s consumption and it was accounted for 8.3% in India despite the varying legal age for drinking in various states.

India, with its rich heritage and diverse culture, is a nation characterized by a wide array of tradition, customs and cultural norms. This diversity extends in the variations till the alcohol consumption, where the legal for drinking varies among the states in India. Understanding this is crucial for individuals in order to plan their alcohol consumption prudently. Through this article we will explore the legal drinking age around India along with their rules and regulations.

Laws in India:

The legal age for alcohol consumption in India is not consistent. It differs from state to state and union territories, starting from the age of 18 till 25 years. However, some states have zero alcohol consumption also known as the “dry states”.

This diverse system stems from India’s structure of being quasi-federal. Where, states are independent to create their own laws as mentioned in the state list under the seventh schedule of the Indian Constitution, out of which alcohol for human consumption is one of them.

Alcohol in India is available only at the liquor stores, restaurants, hotels, bars, pubs, clubs, and cafes but cannot be purchased online. There are some states where owning alcohol stores by private parties are prohibited like in Tamil Nadu and Kerala. Here, the state government is the single authorized distributor for alcohol in these states. Whereas, in some states the alcohol may be sold in hypermarket stores, grocery stores, conventional halls or even farm houses for that matter. But in Delhi, the door-step delivery for alcoholic beverages is prohibited. However, the delivery of beers and wine by private dealers and stores is allowed. 

States with legal age for drinking is 18 years:

Although most of the states have set the drinking ages in the range of 21 to 25, though there are a few exemptions that allow individuals to drink at 18 like Goa, Jammu and Kashmir, Himachal Pradesh, Karnataka, Ladakh, Puducherry, Rajasthan, and Sikkim. In these states an individual can consume and purchase alcohol legally and the individuals are considered solely responsible to make their own decisions with respect to consumption of alcohol.

States with legal age for drinking is 21 years:

Majority of the states allow drinking legally at the age of 21. This makes the common age for alcohol consumption as 21 years of age. This age is also considered to be the suitable age for making mature decisions related to consumption of alcohol. The list includes Andaman and Nicobar Islands, Andhra Pradesh, Assam, Chhattisgarh, Arunachal Pradesh, Daman and Diu, Haryana, Dadra and Nagar Haveli, Jharkhand,Manipur,  Tamil Nadu, Meghalaya,  Telangana, Madhya Pradesh, Tripura, Uttar Pradesh, West Bengal and Uttarakhand.

States with legal age for drinking is 23 years:

The state of Kerala distinguishes itself with its legal drinking age of 23 years. 

States with legal age for drinking is 25 years:

There are few states which have adopted a more conventional approach by setting the legal age for alcohol consumption as 25 years. This decision is often set up due to the traditional and cultural norms of the particular state. These states include Chandigarh, Delhi, Maharashtra, and Punjab. However, Maharashtra has permitted the consumption of wine and beer at the age of 21.

Dry States in India:

There are few states where it is illegal for alcohol consumption and it is completely prohibited. These are either due to the cultural norms and traditions or the religious principles that are aimed to curb the problems related to alcohol. Even if an individual’s legal age in those particular states would stand irrelevant. Those states include Bihar, Gujarat, Lakshadweep, Mizoram, and Nagaland. In these states there is complete prohibition of alcohol. As there’s legislation called the Bombay Prohibition (Gujarat Amendment) Bill, 2009 makes Gujarat the only Indian state with a death penalty for the manufacture and sale of homemade liquor that results in fatalities. There are some places in the state of Manipur and Kerala where there is partial restriction of alcohol. 

Factors behind varying legal drinking ages in India:

The legal age for alcohol consumption is different in India due to the laws for alcohol is under the control and governed by each individual state government. This is according to the seventh schedule of the Indian constitution. This also helps each state to analyse their own social, political, cultural and economic determinants while drafting the alcohol related laws. 

Conclusion:

The difference in the legal age for drinking is because of India’s cultural, social, and political diversity. It doesn’t matter whether an individual is in Delhi, where the legal age is 25, Goa, legal is 18 or Andhra Pradesh, legal age is 21. It is crucial to understand the laws of each state and be responsible. For some of the dry states like Gujarat , Nagaland, it is necessary for the individual to be mindful and respect the state laws with respect to the alcohol prohibition.

References:

1. Riya Sharma, A Complete Guide to Legal Drinking Age Across Indian States, HOMEGROWN (June 8, 2021), https://homegrown.co.in/homegrown-explore/a-complete-guide-to-legal-drinking-age-across-indian-states
2. Alcohol Laws of India, WIKIPEDIA (Dec. 20, 2024), https://en.wikipedia.org/wiki/Alcohol_laws_of_India
3. What Is the Legal Age of Drinking in India?, LAW BHOOMI (Dec. 20, 2024), https://lawbhoomi.com/what-is-the-legal-age-of-drinking-in-india/#What_Is_the_Legal_Age_of_Drinking_in_India
4. What You Need to Know About Legal Drinking Age in India, iPLEADERS (Dec. 20, 2024), https://blog.ipleaders.in/what-you-need-to-know-about-legal-drinking-age-in-india/#Alcohol_laws_in_India
5. Vijay B. Singh et al., Impact of Alcohol Use on Public Health in India, PUBMED (Dec. 20, 2024), https://pubmed.ncbi.nlm.nih.gov/36618747/
6. Alcohol Consumption in India by Age Group, STATISTA (Dec. 20, 2024), https://www.statista.com/statistics/1137432/india-alcohol-consumption-by-age-group/?utm_source=chatgpt.com